Hearing loss decisions — 2007

The Board has determined that additional development is necessary prior to the adjudication of the claim for service connection for bilateral hearing loss.

The veteran's service connection for degenerative joint disease, L5-S1 was granted with an initial rating of 20 percent. The issue of entitlement to a higher rating remains pending and the RO is instructed to provide a Statement of the Case addressing this matter. The claim of service connection for hearing loss is also remanded.

The Board has remanded the case for additional development, including obtaining verification of claimed stressors and providing an audiologist examination to determine if current hearing loss is related to service.

The veteran's bilateral hearing loss is currently rated at 10 percent since December 8, 2006. The Board found that the evidence did not warrant a higher rating or an original compensable rating prior to this date.

The Board denied the veteran's claims for service connection for tinnitus and an increased evaluation for right ear hearing loss, finding no evidence of a nexus between current symptoms and service.

The Board has determined that the veteran's left ear hearing loss was not incurred or aggravated by his active military service and may not be presumed to have been incurred in service.

The veteran's service connection claims for bilateral hearing loss, recurring nasopalatine duct cyst, chondromalacia of the patella of the right knee, and external hemorrhoids have been granted. The veteran is assigned a 10% rating for his chondromalacia of the patella of the right knee.

The Board has determined that the veteran's numbness of the right third finger, bilateral hearing loss, and tinnitus are not related to service. The claim for a scar of the left arm was withdrawn by the veteran.

The veteran's claims of service connection for right and left ear hearing loss are being remanded due to the need for additional medical examinations and opinions.

The veteran's claims for increased ratings and service connection were granted. He was awarded a non-compensable rating for right ear hearing loss, and his service-connected degenerative joint disease of the left knee with residuals of arthrotomy and fracture of the left tibia is now considered secondary to his service-connected degenerative joint disease of the right knee. His lumbar strain with straightening of the lumbar alignment was also found to be related to his service-connected condition.

The Board found that the veteran's current hearing loss and tinnitus are not related to service, as he did not have these conditions prior to entering military service. The presumption of soundness applies, and thus the veteran cannot establish service connection for his bilateral hearing loss or tinnitus.

The Board has remanded the case due to missing service medical records and insufficient evidence regarding the etiology of the veteran's hearing loss and tinnitus disabilities. The veteran will need a VA audiological examination to determine if he currently suffers from these conditions and whether they are related to his active duty service.

The Board denied the veteran's claims for an earlier effective date for the award of service connection for bilateral hearing loss and tinnitus, finding that the earliest possible effective date is December 17, 2003.

The veteran's claim for service connection for bilateral hearing loss was granted on March 24, 2003, and the effective date is set at that time.

The Board has determined that the veteran's tinnitus is service-connected, and his hearing loss may also be related to service. The claim for hearing loss will be remanded for further examination.

The veteran's claims for service connection for impotence, bladder disorder, acquired loss of visual acuity, hearing loss, and right foot disability were denied as there was no evidence linking these conditions to his military service.

The veteran's partial paralysis of the seventh cranial left nerve has been rated at 20 percent since August 27, 2002. His left ear hearing loss is also rated at 20 percent.

The veteran's PTSD, bilateral hearing loss, and tinnitus have been granted increased ratings. The effective date is not specified.

The Board denied service connection for a right shoulder disability and bilateral hearing loss. The veteran's claim for bilateral hearing loss was not reopened because the RO had previously denied it in April 1989, which became final after the veteran did not appeal within one year.

The Board has remanded the case for additional development of evidence, including obtaining VA and private treatment records, scheduling a VA audiological examination to determine if hearing loss is related to service exposure, and scheduling a VA orthopedic examination to determine if the low back disability is related to service.